Foster

Foster v. United States

Good Law
4 F.2d 107·1925 U.S. App. LEXIS 2909
United States Court of Appeals for the Ninth CircuitFebruary 16, 1925No. 4440California527 words

Opinion

Lead Opinion

Ross, J.

To the indictment against the plaintiff in error he pleaded guilty, resulting in the judgment of the court sentencing him to imprisonment for the period of four years in the United States Penitentiary, at Leavenworth, Kan. From that judgment he brought the present writ of error, assigning as error the .insufficiency of the indictment to charge a crime against him, for the reason that the indictment fails to state the name of the carrier or -the methods used by him to transport the alleged stolen automobile from Los Angeles, Cal., to St. Joseph, Mo., and fails to state the name of the person from whom the automobile was stolen, or to allege that the name of such owner was unknown to the grand jury.

.The indictment was based upon the National Motor Vehicle- Theft Act ( 41 Stat. 324 [Comp. St. Ann. Supp. 1923, §§ 10418a -10418f]), the second section of which provides that the term “motor vehicle” shall include, among other things, an automobile, and also providing that the term “interstate or foreign commerce,” as used in the act, shall include transportation from one state, territory, or the District of Columbia to another state, territory or the District of Columbia, or to a…

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